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hello all. my story goes thus: i came to the uk to study last year and my visa expires in january 2017. i am currently 7 months pregnant for my EU boyfriend but have no plans to marry him. he has been in the uk for over five years but we don't know what to do. we cannot afford a solicitor as it is hence am here to find out. we are not planning to get married either. please what are my options? baby is due end of the year. will really appreciate advice please

Unless you've been living together in a durable relationship 'akin to marriage' for at least 2 years you won't qualify as an extended family member.

Unless you qualify for a visa points based visa in your own right, you will have no residence rights after your current visa expires.

You won't have any special concession due to being pregnant with the child of an EU citizen. Also be aware that you will have no access to the NHS for the birth or pregnancy related treatment unless you have private health insurance for which pregnancy isn't excluded.

I'm not being unsympathetic, but you need to understand that as you've chosen not to marry, you've reduced your options greatly.

Have you lived together at all and have any documented proof of the joint address and any shared finances, tenancy, bills etc?

Casa wrote:Unless you've been living together in a durable relationship 'akin to marriage' for at least 2 years you won't qualify as an extended family member.

Unless you qualify for a visa points based visa in your own right, you will have no residence rights after your current visa expires.

You won't have any special concession due to being pregnant with the child of an EU citizen. Also be aware that you will have no access to the NHS for the birth or pregnancy related treatment unless you have private health insurance for which pregnancy isn't excluded.

I'm not being unsympathetic, but you need to understand that as you've chosen not to marry, you've reduced your options greatly.

i qualify for tier 2 visa which i will be applying for shortly but what happens to the children? (i am having twins)?

If you have sufficent resource and medical insurance, then you and kids will qualify under Chen route, but no route to permanent residence.

I respect you for being honest in your post. These are my opinions for you

1,Route without permanent resident right is a red line for me as you're the one to look after your beautiful babies. Usually twins always uniquely brings luck.

2,Think about Casa option if only you can gather documents together to proof your relationship with your boyfriend. With the babies I strongly believed your application will carry a very high merit in the eye of any caseworker if he's performing any of his treaty right in UK as EU national, very crucial, and even if you can't find documents to show complete 2 years of being together. With this option NHS bill stuff is sorted out. But he shouldn't get BC until you get your own PR under EU route if no real change on EU LAW as per Brexit, otherwise you may be stuck again.

3, Or ask him to apply for his own Permanent Resident in UK if his previous treaty right for 5 years in UK is okay i e by working, studying with CSI or self sufficient with just £65 for the benefit of the babies and after the babies arrived he can then register the new babies as a British Citizen, also he can apply for some financial benefit to assist you to feed the babies and you can follow your dream on Tier 2. With this option the NHS might charge you for hospital bill in half price because of the status of your boyfriend as the father of the babies. This is what I have witness recently.

Both options he can apply for BC of your babies after he himself have secure his own PR first anyway.


I wish you all the best and safe delivery.

I strongly suggest that you look into the Chen route as advised by my fellow moderator, Obie.

If the father has PR, won't the child the child be British at birth

ohara wrote:If the father has PR, won't the child the child be British at birth

Yes. But that may or may not help mom.

Indeed, but it answers the question about what will happen to the children

There are 3things this OP said that led me to my advise.

1. Father has been living in UK for 5 years, and this does not automatically equate to Permanent Residence.

2. Not interested in a long term marital relationship with father.

3. Cannot afford a solicitor .

First we don't know if child will be a British, but it is certain that child will have EU citizenship.

The second thing is given OP's financial situation, it may well be the case, that FLR (FP) may be unaffordable.

A £65 DR of Residence, may be more appealing, even if children are found to be British later on.

Obei with due respect. I quite agree with you to some extent, but as you said the babies can be EU national by birth because of the father even if he doesn't meet PR requirements.

I strongly recommend that if she doesn't intended to have relationship with the boyfriend at least she can apply for the tier 2 she said she is applying for shortly and that can lead to a permanent resident in future if tier 2 issued successfully if not your option can be adopted in other to look after the babies but the question is for how long will somebody will be in UK legally without being permanent.

I hope she can answer some of the questions ask in all the posts so far then we all can help.

Well I was thinking ahead. With twins and lack of support from the state, OP may well not be able to return to work again , and Tier 2 will not be an option in those circumstances, would it?

Chen and Zambrano derivative rights may not lead to PR under the EEA Regulations.

But,Obie, do they count as legal residence for the purposes of ILR (Long Residence)?

secret.simon wrote:Chen and Zambrano derivative rights may not lead to PR under the EEA Regulations.

But,Obie, do they count as legal residence for the purposes of ILR (Long Residence)?

Mr Simon i believe i mentioned in previous responses, but in case i had not, suffice to say you are right in the case of the former, but in the later case such period may be counted.

At the FTT 2 weeks ago, a Tribunal judge agreed with me that the Long residence can include time spent under 15A, as it will make no sense if it did.

So far Home office time for appeal has elapsed and the decision was not challenged. Therefore they , or at least SAT saw things through the same lenses as me.

I think the OP may have lost interest as we've had absolutely no response to any of the advise given.

Giving her condition, one may be forgiven for thinking there may be other reasons for non response besides lack of interest.

If babies decide to play football, bless them, responding to us may be the last thing on OP 's mind.

I just hope she can shed some light to all questions asked in the post as this is so complex than Brexit ha ha. But at least there are some way forward in her situation.

Casa we never know the state she is right now, because she said baby is due end of the year. Hopefully she will respond soon.

Obie wrote:First we don't know if child will be a British, but it is certain that child will have EU citizenship.

If the children are not born British, they may have to acquire an EU nationality by registration or something similar. While the father remains in the UK and they are under 21, they well generally derive a right of residence from his right of residence under the EEA regulations, whatever their nationality (if any). (There may be complications if his right depends on self-sufficiency.)

The right of residence isn't in dispute. It's the mother's right that is being discussed and the high medical costs of a private birth & related pre-natal & anti-natal charges.

Richard W wrote:

Obie wrote:First we don't know if child will be a British, but it is certain that child will have EU citizenship.

If the children are not born British, they may have to acquire an EU nationality by registration or something similar.

In the unlikely event that the child is born stateless in the UK, I believe they automatically become a British citizen.

UN Convention on the Reduction of Statelessness:

In respect of contracting states:

'stateless birth' on their territory attracts the grant of their nationality

Wise wrote:I just hope she can shed some light to all questions asked in the post as this is so complex than Brexit ha ha. But at least there are some way forward in her situation.

Casa we never know the state she is right now, because she said baby is due end of the year. Hopefully she will respond soon.

so sorry for th late reply. you were right babies are playing up but they are fine. thanks for your concern. my boyfriend has been in the uk for 8 years now. he has been working since then. does this help anything. he has not applied for PR as he did not see the need to since he has an EU passport.

like you rightly said, i am quite worried about the hospital bills and the fact that i might be unable to return to work immediately after babies arrive.

i believe babies will be able to get the EU or british passport. what about me?

PR is not "applied for", it is acquired automatically after 5 years of continuously exercising treaty rights. If your partner has been working for at least 5 years straight in the UK, he already has PR.

The difference between your partner having PR or not is that if he does have PR when the baby is born, it will automatically be a British citizen. If he does not, it won't (but will be entitled to register as a British citizen later once partner does have PR).

If your partner has indeed acquired PR, he can apply for a document certifying permanent residence which is simply a card which confirms he has PR (remember; it does not grant or confer it). This will make any subsequent application for a British passport for the child much easier, although it won't be impossible without it.

For a birth in an NHS hospital when you are not entitled to free treatment, you are probably looking at a minimum bill of £3,000. If there are major complications, this can quite easily exceed £10,000. A private hospital will most likely cost at least twice as much.

ohara wrote:In the unlikely event that the child is born stateless in the UK, I believe they automatically become a British citizen.

UN Convention on the Reduction of Statelessness:

In respect of contracting states:

'stateless birth' on their territory attracts the grant of their nationality

The UK requires 5 years residence, as allowed by the convention, and enshrined in BNA 1981 Schedule 2 Section 3(1).

However, the twins seem likely to be born British. The problem is rather to demonstrate that their mother needs to be in the UK for them to exercise the right of residence in the UK.